85R9386 MCK-F By: Watson S.B. No. 818 A BILL TO BE ENTITLED AN ACT relating to nutrition and fitness standards for certain child-care facilities and training for employees at those facilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 42.042, Human Resources Code, is amended by adding Subsections (s), (t), and (u) to read as follows: (s) The executive commissioner by rule shall adopt minimum standards that apply to day-care centers, group day-care homes, and family homes for nutrition and daily dietary requirements, physical activity, and time spent using or viewing electronic devices. The minimum standards under this subsection must be consistent with: (1) the nutrition and meal pattern standards in the Child and Adult Care Food Program administered by the Texas Department of Agriculture; and (2) American Academy of Pediatrics standards for physical activity and screen time as published in Caring for Our Children: National Health and Safety Performance Standards; Guidelines for Early Care and Education Programs, 3rd Edition. (t) The executive commissioner shall review any subsequent amendments to the standards described by Subsection (s) and determine whether the rules adopted under that subsection should be amended to incorporate the new standards. (u) The executive commissioner by rule shall require day-care centers, group day-care homes, and family homes to provide to parents, guardians, or caregivers of children enrolled at the facility information on: (1) sample healthy meals and snacks; and (2) food allergies and choking hazards. SECTION 2. Section 42.0421(a), Human Resources Code, is amended to read as follows: (a) The minimum training standards prescribed by the executive commissioner under Section 42.042(p) for an employee, director, or operator of a day-care center, group day-care home, or registered family home must include: (1) 24 hours of initial training that must be completed not later than the 90th day after the employee's first day of employment for an employee of a day-care center who has no previous training or less than two years of employment experience in a regulated child-care facility, eight hours of which must be completed before the employee is given responsibility for a group of children; (2) 24 hours of annual training for each employee of a day-care center or group day-care home, excluding the director, which must include at least six hours of training in one or more of the following areas: (A) child growth and development; (B) guidance and discipline; (C) age-appropriate curriculum; [and] (D) teacher-child interaction; and (E) child nutrition and age-appropriate indoor and outdoor activities; and (3) 30 hours of annual training for each director of a day-care center or group day-care home, or operator of a registered family home, which must include at least six hours of training in one or more of the following areas: (A) child growth and development; (B) guidance and discipline; (C) age-appropriate curriculum; [and] (D) teacher-child interaction; and (E) child nutrition and age-appropriate indoor and outdoor activities. SECTION 3. Section 2308.3155(b), Government Code, is amended to read as follows: (b) The commission shall adopt rules to administer the Texas Rising Star Program, including: (1) guidelines for rating a child-care provider who provides child care to a child younger than 13 years of age, including infants and toddlers, enrolled in the subsidized program; [and] (2) guidelines for rating a child-care provider on: (A) nutrition, lunch provision, and menu planning; and (B) indoor and outdoor activities; (3) a scoring methodology that credits a provider for participating in, and remaining in good standing with, the Child and Adult Care Food Program administered by the Texas Department of Agriculture; and (4) a timeline and process for regularly reviewing and updating the quality standards used to determine the rating system that includes the commission's consideration of input from interested parties regarding those standards. SECTION 4. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission and the Texas Workforce Commission shall adopt the rules necessary to implement the changes in law made by this Act. SECTION 5. This Act takes effect September 1, 2017.